Study On The Constitution Of Kidnapping Crime

On the basic criminal constitution of the crime of kidnapping.The act of committing the crime of kidnapping is a single act,and its subjective crime sin should adopt the theory that subjectivity exceeds elements in the criminal system.The "illegal purpose theory" is adopted for the purpose of the crime of hostage kidnapping,and the "property" in the crime of extortion kidnapping for the purpose of extorting property is understood to include both actual property and property interests.The act of killing the kidnapped person during the kidnapping process by a person who has reached the age of 14 and under the age of 16 should be punished as intentional homicide according to the view of"reasonable explanation".It is proposed that the subject of the crime of kidnapping be expanded to include minors who have reached the age of 14 and are under the age of 16;we should also make reference to the relevant provisions of robbery crime to perfect the basic crime of kidnapping acts,and at the same time make it clear that the scope of extortion in the crime of extortion kidnapping is the third person other than the abductee.On the aggravated criminal constitution of kidnapping.The aggravated nature of the crime of kidnapping should be understood as an inclusive crime,and the aggravating circumstance of "killing the kidnapped person" in the crime of kidnapping should be understood as requiring the occurrence of a result of death.As for the situation of"intentionally injuring the kidnapped person",it should be considered according to the different results of "causing serious injury,death" and "causing minor injury".The maximum penalty for "causing serious injury" is life imprisonment;the maximum possible penalty for"causing death" is the death penalty;"causing minor injuries"should be in accordance with the basic crime of kidnapping to determine the severity of punishment.Replace the aggravating circumstance of "intentionally injuring the kidnapped person,causing serious injury" with "intentionally injuring the kidnapped person,causing serious disability by particularly cruel means." In addition,the criminal law should also add aggravating circumstances.Cases such as excessive number of kidnappings,excessive number of abductions,large amounts of extortion of property,and serious injury or death to a third person other than the hostage are included in the aggravating circumstances of the crime of kidnapping.With regard to mitigating the crime of kidnapping.This paper mainly expounds the five elements of harm result,means of crime,degree of behavior,motive of committing crimes,and attitude after crime,and further explained the relationship between the"lighter circumstances" of the crime of kidnapping,the basic circumstances and aggravating circumstances:The "lighter circumstances" in the crime of kidnapping are the circumstances of the conviction for mitigating the circumstances,and the basic crimes are not the circumstances of the conviction,but the punishment circumstances are applicable to both the basic crimes and the mitigating circumstances.In the process of kidnapping,if the perpetrator intentionally hurts the kidnapped person and does not cause him serious injury or death and releases the kidnapped person on his own initiative,the provisions of the crime of kidnapping"lighter circumstances" should be applied.In addition,it is also recommended that the legal starting point for the crime of kidnapping "lighter circumstances"be revised to imprisonment for more than three years.